Christina Phillips | Property Insurance Coverage Law Blog | October 2, 2018 Is loss or damage caused by a tenant covered under an all-risk insurance policy? Like most issues addressed in the Merlin blog posts, the answer is: it depends on the facts and the policy language. The Sixth Circuit in KVG Properties, Inc. v. Westfield… Continue reading Direct Physical Loss By Tenants Is Excluded Under Policy’s Dishonest or Criminal Acts Exclusion
Tag: property damage
Collecting For Immediate Remediation Costs
Paul LaSalle | Property Insurance Coverage Law Blog | October 7, 2018 Insurance policies ordinarily contain terms that provide that an insured must exhibit the damaged property for the insurance company’s inspection after a loss. The same policies also provide that an insured has a duty to mitigate damages to the property to prevent further… Continue reading Collecting For Immediate Remediation Costs
Underlying Assertion of Negligent Misrepresentation Is Not Necessarily an Occurrence
Nora Valenza-Frost | PropertyCasualtyFocus | September 14, 2018 Courts sometimes struggle with the issue of whether property damage arising in the context of a contractual relationship, particularly in construction contracts, constitutes an “occurrence” under a standard commercial general liability (CGL) policy. Generally, but not always – and it varies from jurisdiction to jurisdiction – courts… Continue reading Underlying Assertion of Negligent Misrepresentation Is Not Necessarily an Occurrence
Wind, Flood or Storm Surge: Pick Your Peril Carefully
Geoffrey Greeves | It Pays to Be Covered | September 4, 2018 A catastrophic loss, such as a hurricane strike, can force any company out of business, even if it is insured. Although a business does not suffer any direct physical damage to its facilities, fickle natural disaster events can disrupt a company’s entire supply chain,… Continue reading Wind, Flood or Storm Surge: Pick Your Peril Carefully
What Constitutes an “Abrupt Collapse”?
Edward Eshoo | Property Insurance Coverage Law Blog | September 3, 2018 Most property insurance policies provide additional coverage for direct physical loss of or damage to covered property caused by or resulting from an “abrupt collapse.”1 In Hoban v. Nova Casualty Company,2 a California federal district court recently addressed the meaning of the phrase “abrupt collapse,” which… Continue reading What Constitutes an “Abrupt Collapse”?